2nd Amendment and Right to Bear Arms/Rights restoration

Advertisement


Question
I was convicted of a domestic violence misdemeanor in 2006 in West Virginia.  I served 5 days in county jail & kept out trouble for the six month "probation" period thereafter.  There were absolutely no weapons involved.  I have absolutely no convictions of any kind, not even tickets, since then.  My rights were taken & I'd like to find out how to & where I have to look to start the process of restoring my rights.  I currently live in Florida.  Thank you.

Answer
This is a Criminal Justice matter, and not one involving the Second Amendment... don't you people ever read any of the other Q&As before post your own Questions?!?

That said, you may have problems obtaining a Certificate of Relief from Disabilities since a conviction on any domestic violence charge, even one which happened before the the Lautenberg Amendment was passed (and therefore an ex post facto law), could be a lifetime prohibition on firearms.

But see here: http://www.atf.gov/firearms/faq/faq2.htm#q14

(Q14) Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?

No, as long as the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms.

But definitely consult an attorney in your jurisdiction.

2nd Amendment and Right to Bear Arms

All Answers


Answers by Expert:


Ask Experts

Volunteer


Dean Speir

Expertise

I can answer questions about Handguns, Rifles, Ammunition, the Firearms Industry, the "gunzine game," practical accessories for self-defense (CCW) handguns; rumor control on firearms myths, errata on the "gunshop grapevine."

I am NOT an Attorney, and nothing I provide here should be relied upon as legal advice. Therefore, please do NOT make inquiries about Criminal Justice issues... this is the Second Amendment topic.

Nor do I do "Private Consultations." Want to made it "private," retain an attorney.

Experience

25 years practical and competitive hangunning; 26 years in the firearms industry; 15 years writing for the gunzines, including 4½ years as Industry Editor for The New Gun Week; maintainer of www.thegunzone.com.

Organizations
Life Member, NRA

Publications
Guns Magazine, Combat Handguns, Petersen's Handguns, American Handgunner, The New Gun Week, Gun & Shooter, American Handgunner, Shooting Industry, American Firearms Industry, Machine Gun News, Practical Shooting International, Law Enforcement Techology, Police Product News, The American Guardian, The Shotgun News, Visier (Germany) and various DBI Books.

Education/Credentials
BA in English Graduate Lethal Force Institute Graduate Gunsite Graduate Defensive Training Institute

©2012 About.com, a part of The New York Times Company. All rights reserved.